AN ORDINANCE TO AMEND TITLE 8 OF THE CITY OF NORRIS MUNICIPAL CODE TO ALLOW PACKAGED LIQUOR STORES IN THE CITY OF NORRIS, TENNESSEE
WHEREAS, the Citizens of the City of Norris voted to allow Packaged Liquor Store Sales by public Referendum on November 2, 2010 in accordance with Section 57-3-106 of the Tennessee Code Annotated; and,
WHEREAS, the public Referendum was certified by the Anderson County Election Commission on November 18, 2010; and,
WHEREAS, the Norris City Council, in accordance with Section 57-3-106 of the Tennessee Code Annotated, must establish an Ordinance to allow Packaged Liquor Store Sales; and,
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Norris, Tennessee:
SECTION 1. That Title 8 of the City of Norris Municipal Code be amended to provide an additional chapter entitled "Chapter 2 - Intoxicating Liquors"
SECTION 2. That such additional chapter includes the following provisions:
8-201. Alcoholic beverages subject to regulation
8-202. Application for certificate of compliance
8-203. Application Fee
8-204. Applicant to agree to comply with laws
8-205. Applicant to appear before board of Mayor and Council members; duty to give information
8-206. Action on application
8-207. Residency requirement
8-208. Applicants for certificate who have criminal record
8-209. Time Period for Action
8-210. Only one establishment to be operated by retailer
8-211. Where establishments may be located and building requirements
8-212. Retail stores to be on ground floor; entrances
8-213. Limitation on number of retailers
8-214. Sales for consumption on premises
8-215. Radios, televisions, amusement devices and seating facilities prohibited in retail establishments
8-217. Inspection fee
8-201. Alcoholic beverages subject to regulation. It shall be unlawful to engage in the business of selling, storing, transporting, distributing, or to purchase or possess alcoholic beverages within the corporate limits of this City except as provided by Tennessee Code Annotated, title 57.
8-202. Application for certificate of compliance Before any certificate of compliance, as required by Tennessee Code Annotated, § 57-3-208 or a renewal, as required by § 57-3-213, shall be signed by the Mayor, or by any Council members, an application in writing shall be filed with the City Recorder on a form to be provided by the City, giving the following information:
(1) For all individual applicants or each individual who has or will have any ownership interest and percentage thereof, whether as a partner, shareholder or any other right to participate in the profits of a business applicant proposing to engage in the retail sale of alcoholic beverages:
(a) Their name, age, and address.
(b) The number of months and years each has resided in Anderson County.
(c) If currently engaged in a business and/or occupation, the months and/or years so engaged or employed and the name and address of the business and or employer.
(d) Whether each individual has ever been convicted of a felony; or a violation of any law of the state or the United States prohibiting the sale, possession, transportation, storage, or otherwise dealing with alcoholic beverages and whether each individual has owned any interest in a business found to be in violation of such laws.
(2) The location of the proposed store for the retail sale of alcoholic beverages.
(3) The name and address of the owner of the location proposed.
(4) Further Documentation: The application form shall be accompanied by a copy of each questionnaire form and other material to be filled out by the applicant or each member of the applicant group with the Tennessee Alcoholic Beverage Commission in connection with the same application, and shall be accompanied by 6 (six) copies of a scale plan drawn to scale of not less than one inch equals twenty feet with the following information:
(a) The shape, size and location of the lot, on which the liquor store is to be operated under the license,
(b) The shape, size, height and location of all buildings whether they are to be erected, altered, moved or existing upon the lot,
(c) The off-street parking space and off-street loading and unloading space to be provided including the vehicular access to be provided from these areas to a public street, and
(d) The identification of every parcel of land within 250 feet of the lot upon which the liquor store is to be operated indicating ownership thereof and the location of any structures thereon and the use being made of every such parcel.
The information in the application shall be verified by the oath of the applicant. If the applicant is a partnership or a corporation, the application shall be verified by the oath of each partner, or by the president of the corporation.
8-203. Application Fee. A non-refundable Application Fee of $500.00 is due at the time of Application for a Certificate of Compliance. The Application Fee shall be paid to the City Recorder before any certificate of compliance application shall be reviewed prior to being issued or renewed.
8-204. Applicant to agree to comply with laws. The applicant for a certificate of compliance shall agree in writing to comply with the state and federal laws and ordinances of the City and rules and regulations of the Alcoholic Beverage Commission of the State for sale of alcoholic beverages.
8-205. Applicant to appear before board of Mayor and Council members; duty to give information. An applicant for a certificate of compliance shall be required to appear in person before the board of Mayor and Council members for such reasonable examination as may be desired by the board.
8-206. Action on application. Every application for a certificate of compliance shall be referred to the Chief of Police for investigation and to the City Attorney for review, each of who shall submit his findings to the board of Mayor and Council members within thirty (30) days of the date each application was filed.
The board of Mayor and Council members may issue a certificate of compliance to any applicant, which shall be signed by the Mayor or by a majority of the board of Mayor and Council members.
8-207. Residency requirement. For all individual applicants or for all business applicants for a Certificate of Compliance, then each individual who has or will have any ownership interest, whether as a partner, shareholder or any other right to participate in the profits of the business applicant proposing to engage in the retail sale of alcoholic beverages shall be a bone fide resident of the County of Anderson at the time the application is filed. This section shall not apply to any applicant who has been continuously licensed pursuant to Tennessee Code Annotated, § 57-3-204 for seven (7) consecutive years.
8-208. Applicants for certificate who have criminal record. No certificate of compliance for the manufacture or sale at wholesale or retail of alcoholic beverages, or for the manufacture or vinting of wine, shall be issued to any person, (or if the applicant is a partnership, any partner, or if the applicant is a corporation, any stockholder), who, within ten (10) years preceding the application for such certificate of compliance, has been convicted of any felony; or of any offense under the laws of the state or of the United States prohibiting the sale, possession, transportation, storage or otherwise handling of intoxicating liquors, or who has during such period been engaged in business, alone or with others, in violation of such laws.
8-209. Time Period for Action. Any applicant or applicant group who has obtained a Certificate of Compliance as provided herein must, unless an extension is granted by City Council, within six months open a Liquor Store in the City or said certificate will be revoked by the passage of this amount of time and a certification thereof will be sent to the Alcoholic Beverage Commission of the State of Tennessee and the local Liquor License issued pursuant to such application shall be considered canceled and revoked.
8-210. Only one establishment to be operated by retailer. No retailer shall operate, directly or indirectly, more than one place of business for the sale of alcoholic beverages in the City. The word "indirectly," as used in this section, shall include and mean any kind of interest in another place of business by way of stock, ownership, loan, and partner's interest or otherwise.
8-211. Where establishments may be located and building requirements. It shall be unlawful for any person to operate or maintain any retail establishment for the sale, storage or distribution of alcoholic beverages in the City except at locations zoned for that purpose. All such stores shall be located within the C-2 General Commercial District as appears on the official zoning map of the City of Norris at the time of application. Such liquor store shall not be located within 250 (two hundred and fifty) feet of any church, childcare center, or school as measured along a straight line from the front door of such an establishment to the front door of the liquor store.
All liquor stores shall be a permanent type of construction in a material and design approved by the City's governing body. All liquor stores shall have night-lights surrounding the premises, and shall be equipped with a functioning burglar alarm system on the inside of the premises. The minimum square footage of the liquor store display shall be one thousand eight hundred (1,800) square feet. Full, free and unobstructed vision shall be afforded to and from the street and public highway to the interior of the liquor store by the way of large windows in the front, and as to the extent practical, to the sides of the building containing the liquor store. All liquor stores shall be subject to applicable zoning, land use, building and life safety regulations adopted by the City of Norris unless specifically provided otherwise.
8-212. Retail stores to be on ground floor; entrances. No retail store shall be located anywhere on premises in the City except on the ground floor thereof. Each such store shall have only one main entrance; provided, that when a store is located on the corner of two (2) streets, such store may maintain a door opening on each such street; and provided further, that any salesroom adjoining the lobby of a hotel may maintain an additional door into such lobby as long as the lobby is open to the public.
8-213. Limitation on number of retailers. No more than one (1) retail licenses for the sale of alcoholic beverages shall be issued under this chapter.
8-214. Sales for consumption on premises. No alcoholic beverages shall be sold for consumption on the premises of the seller, nor consumed on the premises by sales personnel, owner or proprietor.
8-215. Radios, Televisions, amusement devices and seating facilities prohibited in retail establishments. No radios, televisions, pinball machines, slot machines or other devices, which tend to cause persons to congregate in such place, shall be permitted in any retail establishment. No seating facilities shall be provided for persons other than employees.
8-216. Advertising. There shall be no advertising signage of any kind whatsoever outside the building containing a Liquor Store either for the Liquor Store or to advertise any matter pertaining to Alcoholic Beverages sold at Liquor Stores, except as set forth herein. The provisions of the City of Norris Municipal Zoning Ordinance, section 14-411, and any other City ordinances or regulations addressing signs shall not apply to Liquor Stores, unless any specific restrictions on signs or advertising in the zone where a Liquor Store is located are more restrictive than the restrictions contained herein, in which case the more restrictive provision shall apply. There may be placed in front of a Liquor Store, but not extending from there over twelve (12) inches, a sign setting out the name of the Liquor Store. Such signs shall not exceed twenty (20) square feet in dimension. No such sign shall contain letters of neon or tube lighting so as to produce lighting within the letters themselves. Signs may be externally illuminated, but the glare from the light source shall be shielded from adjacent buildings, streets, or other thoroughfares. No electronic reader board or changeable copy signs shall be permitted. One (1) freestanding sign shall be allowed on premises, as permitted by section 14-411 of the Norris Municipal Zoning Ordinance. No off-premise signs shall be allowed within the City. Regarding signage inside a Liquor Store, no banner or temporary signage shall be placed so that it obstructs free and clear vision of the interior of the Liquor Store from outside of the Liquor Store.
8-217. Inspection fee. The City of Norris hereby imposes an inspection fee in the maximum amount and frequency allowed by Tennessee Code Annotated, § 57-3-501 on all licensed retailers of alcoholic beverages located within the corporate limits of the City.
8-218. Violations. Any violation of this chapter shall constitute a civil offense and shall, upon conviction, be punishable by a penalty under the general penalty provision of this code. Upon conviction of any person under this chapter, it shall be mandatory for the City Judge to immediately certify the conviction, whether on appeal or not, to the Tennessee Alcoholic Beverage Commission.
SECTION 3. This ordinance shall become effective from and after its passage, the public welfare requiring it.
Passed First Reading: January 17, 2011Passed Second Reading: February 28, 2011